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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1204
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving a vehicle driving C in freight truck.

1. On April 18, 2016, the Defendant driven the said cargo under the influence of alcohol level of 0.133%, without obtaining a driver’s license, at a section of about 1km, from the front of a restaurant with the trade name, “influences” located in the Sung-dong, Jung-dong, Busan-dong, Busan-dong, to the middle village 1556 of the same Jung-dong, Jungsan-dong, and without obtaining a driver’s license, while driving the said cargo under the influence of alcohol level of 0.133%, while under the influence of alcohol level.

2. On April 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the above cargo while under the influence of alcohol level of 0.133% from blood alcohol level on the 19:45 on Apr. 18, 2016, the Defendant driven the above cargo at the speed of 0.133% from his/her blood level and driven the two-lane roads of the mountain village of the middle village of the 1556-dong, Yongsan-gu, Mangsan-gu, Mangsan-dong.

At the time, the Defendant was behind the victim D (31 Do) drive in the same direction, and in such a case, the Defendant was obliged to take a duty of care to prevent accidents by accurately manipulating the brake system while living well in the vehicle driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and was negligent in the course of business in the course of failing to properly operate the brake system, and received the part of the victim’s back-of-car signal in the atmosphere from the Defendant as the part of the front part of the above cargo vehicle of the Defendant.

After all, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report of traffic accidents, notification of the results of crackdown on drinking driving;

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